Guide to Hazardous Waste and Hazardous Recyclable Material Classification: chapter 3
What is Hazardous Recyclable Material under the Regulations?
3.1 Hazardous Recyclable Material Definition
Paragraph 1 of Section 2 of the Regulations defines “hazardous recyclable material” as anything that is to be recycled using one of the recycling operations set out in Schedule 2 (Recycling Operations for Hazardous Recyclable Materials) (reproduced in Appendix 3 of this Guide), and that also meets at least one of the same six requirements outlined under sections 2.1.1 to 2.1.6 of this Guide.
3.2 Exclusions from the definition of hazardous recyclable material
Paragraph 2 of section 2 of the Regulations excludes from the definition in paragraph 1 anything exported, imported or conveyed in transit that meets at least one of the following three criteria:
- is in a quantity of less than 5 kg or 5 L per shipment or in the case of mercury in a quantity less than 50 mL per shipment (other than anything included in class 6.2 of the TDGR);
- is collected from households in the course of regular municipal waste collection services; or
- is part of the exporter’s or importer’s personal or household effects, not resulting from commercial use.
Note that hazardous recyclable material excluded under these criteria may still be subject to the Regulations if it is exported and meets the criteria described in section 3.3 of this guide.
Also note that the exemption for recyclable material "collected from households in the course of regular municipal waste collection services" applies to municipal governments’ collection and disposal programs. Hazardous waste or hazardous recyclable material separated out and gathered by depots or transfer stations for subsequent export or import is subject to the Regulations.
For shipments of hazardous recyclable material that are exported, imported, or conveyed in transit within the OECD, the definition of “hazardous recyclable material” does not include anything that
- meets all four of the following criteria:
- is in a quantity of 25 kg or 25 L or less;
- is exported or imported for the purpose of conducting measurements, tests, or research with respect to the recycling of that material;
- is accompanied by a shipping document, as defined in section 1.4 of the TDGR, that includes the name and address of the exporter or importer and the words "test samples" or "échantillons d'épreuve" and
- is not and does not contain an infectious substance as defined in section 1.4 of the TDGR;
- meets all three of the following criteria:
- is set out in Schedule 8;
- does not exhibit any of the hazard characteristic for Classes 2, 3, 4, 5, 6, 8 or 9 in Part 2 of the TDGR but has a leachate extraction concentration that exceeds the leachate extraction concentration listed for that substance in Schedule 6 of the Regulations; and
- is to be recycled at an authorized facility in the country of import, using one of the operations set in Schedule 2 of the Regulations.
3.3 Recyclable Material Considered Hazardous for the Purpose of Export
Further to the hazardous recyclable material identified in section 2 of the Regulations, any recyclable material is considered to be hazardous recyclable material if it will be exported to a country of import or conveyed in transit through a country and it meets at least one of the following conditions:
- it is defined as, or considered to be, hazardous under the legislation of the country of import or a country of transit;
- its importation is prohibited under the legislation of the country of import; or
- it is one of the hazardous wastes covered under the Basel Convention.
Anyone who arranges the shipment of any type of recyclable material to be exported should determine if the countries to which the waste or recyclable material will be exported and through which the waste or recyclable material will transit have national laws that in any way prohibit, restrict, or control the import or transit of the waste or material.
The Basel Convention Export and Import Control Tool is a searchable database providing quick access to specific information for the countries of export, import, and transit, such as their national definitions of hazardous waste and import restrictions. If the import or transit of the waste or material is prohibited in the receiving country or any of the transit countries, this waste or recyclable material cannot be sent to those countries. If there are laws in the import or transit countries restricting or controlling the import or transit of the waste or material, a notification must be submitted to Environment and Climate Change Canada for the proposed shipment. Environment and Climate Change Canada will contact the competent authority of the import and transit countries to seek their consent before the waste or recyclable material is shipped. In the case of imports into Canada, each provincial or territorial government provides authorization for recycling or disposal operations at authorized facilities in their province or territory and communicate it to Environment and Climate Change Canada.
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